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HomeMy WebLinkAboutAllison_565_PA-2016-02017 CITY F 1Di December 16, 2016 Notice of Final Decision On December 16, 2016, the Community Development Director approved the request for the following: Planning Action: PA-2016-02017 Subject Property: 565 Allison Street Applicant: Randy Ellison Description: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 DB TAX LOT: 2300. The Community Development Director's decision becomes final and is effective on the 12t1i day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. c: If you have any questions regarding this decision, please contact Cory Darrow in the Community Development Department at (541) 488-5305. cc: Property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5414188-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ( _ J SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for• Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. ` ii COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ! www.ashland.or.us ,r < i ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2016-02017 SUBJECT PROPERTY: 565 Allison Street APPLICANT: Randy Ellison DESCRIPTION: This application requests a Tree Removal Permit to remove and replace one split-trunk dying Birch tree from a six-unit multi-family properly. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 DB TAX LOT: 2300. SUBMITTAL DATE: October 25, 2016 DEEMED COMPLETE DATE: November 29, 2016 STAFF APPROVAL DATE: December 16, 2016 DEADLINE TO APPEAL (4:30 p.m.): December 28, 2016?? FINAL DECISION DATE: December 29, 2017 APPROVAL EXPIRATION DATE: June 29, 2018 DECISION E.. Application PA-2016-02017 requests to remove one dying split-trunk Birch tree from the multi- family property at 565 Allison Street. This property abuts the north side of Allison Street between Union Street and Sherman Street. The property contains six rental units on site. The tree proposed for removal is located in the southwest corner of the property approximately thirteen-feet behind k: the sidewalk and twelve-feet from the western property line. The application notes that, to no avail, the owner has been aggressively trying to save the tree for several years through extensive watering during the summer months and repeatedly pruning the dead areas. The application notes that the proximity to the sidewalk poses a threat to pedestrians and cars as the tree continues to decline. A mitigation tree of deciduous species is proposed. The application included a report from Casey Roland Tree Care detailing the White Birch not only has dead tops and thin foliage, it has been "repeatedly attacked by Bronze Birch Beetles". The report concludes by stating that due to the consistent decline in health, there are no practical measures that can be taken to ensure survival. Staff finds that the tree, due to deteriorating health and the close proximity to multiple structures as well as pedestrian and vehicle areas, poses an unacceptable hazard that cannot be reasonably alleviated by means other than removal and replacement. The Ashland Tree Commission reviewed this request at their regular meeting on December 8, 2016 where they unanimously voted to recommend approval of the application as proposed. Upon review of the application and taking the Tree Commission recommendation into consideration, Staff finds the application with attached conditions has sufficiently demonstrated compliance with all applicable approval criteria. PA-2016-02017 565 Allison Street / CTD Page 1 t The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.B as follows: 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i. e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6 b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Thee that is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subjectproperty. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the C` zone. 4. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. 5. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. PA-2016-02017 h 565 Allison Street/ CTD Page 2 Planning Action #2016-02017 is a request to remove one hazardous tree from the property located at 565 Allison Street. The application with the attached conditions complies with all applicable City ordinances for a tree removal permit. Planning Action #2016-02017 is therefore approved. The following are the conditions and they are attached to the approval. If any of the following conditions are found not to be true, then Planning Action #2016-02017 is denied: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That one (1) mitigation tree of deciduous species be planted on site within one (1) year of issuance of this decision. 3) That all mitigation trees be planted at minimum of a 1.5" caliper and irrigation be provided. i i i December 16, 2016 aria Harris, Planning Manager Date Department of Community Development PA-2016-02017 565 Allison Street / CTD Pave I ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET December 8, 2016 i PLANNING ACTION: PA-2016-02017 SUBJECT PROPERTY: 565 Allison Street APPLICANT: Randy Ellison DESCRIPTION: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 DB TAX LOT: 2300. The Tree Commission recommends approval of the application as proposed. Department of Community Development Tel: 541-488-5350 CITY F 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 'kA,iw.ashland.or.us i I I AFFIDAVIT OF MAILING c STATE OF OREGON County of Jackson ) I The undersigned being first duly sworn states that:' 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 12/16/161 caused to be mailed, by regular mail, in a sealed envelope i with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2016-02017, 565 Allison. Signature of Employee DocumenQ 12116/2016 i i PA-2016-02017 391 E09DB 6100 PA-2016-02017 391 E09AC 15700 PA-2016-02017 391 E09DB 6200 ANDERSON ]VAR R JR TRUSTEE ET AL AUBLE CARMON M TRUSTEE BEERS MATTHEW Q TRUSTEE ET AL 1737 VERSAILLES AVE 542 SISKIYOU BLVD 550 ALLISON ST ALAMEDA, CA 94501 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 3700 PA-2016-02017 391 E09DB 5700 BUKEY JOHN L/STEPHENS-BUKEY PA-2016-02017 391 E09DB 5200 BLAZEJ LUCIAN R TRUSTEE ET AL MELINDA CAVANAUGH RAGAN PATRICIA 50 LAIDLEY STREET PO BOX 247 SAN FRANCISCO, CA 94131 136 SHERMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 6000 PA-2016-02017 391 E09DB 5900 PA-2016-02017 391 E09AC 15800 COX JAMES E TRUSTEE ET AL DEMARINIS SUSAN K TRUSTEE ET AL HARDWICK CLAUDIA 508-350 STONE RD 145 NORMAL AVE 2552 EDGEWATER DR SUSANVILLE, CA 96130 ASHLAND, OR 97520 EUGENE, OR 97401 PA-2016-02017 391 E09DB 5300 PA-2016-02017 391 E09AC 15400 PA-2016-02017 391 E09DB 4300 HARDWICK JOHN ET AL HILEMAN CORREN C TRUSTEE ET AL HILLIGOSS LO/L KUZMIC 2552 EDGEWATER DR 570 SISKIYOU BLVD 534 ANN ST EUGENE, OR 97401 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09CA 13800 PA-2016-02017 391 E09DB 5000 PA-2016-02017 391 E09CA 13700 HOWE GREGG TRUSTEE ET AL LAURSEN ERIC TRUSTEE ET AL LEE MARY BETH PO BOX 336 46 UNION ST 542 ALLISON ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 5100 PA-2016-02017 391 E09DB 5500 PA-2016-02017 391 E09AC 15600 MACKRIS KATHLEEN MARY TRUSTEE MC KEE DAVID C/CYNTHIA S OX MONKEY LLC 549 ALLISON ST 145 SHERMAN ST PO BOX 724 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA-2016-02017 391 E09DB 5400 PA-2016-02017 391 E09DB 4200 PA-2016-02017 391 E09DB 5600 PANNETON ROGER F/SANDRA N RAYNOLDS DAVID A F TRUSTEE ET AL SALLEE MICHAEL S/JENNIFER R 125-121 SHERMAN ST 1136 ANDERSON CREEK RD 433 CLINTON ST ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 PA-2016-02017 391 E09AC 15500 PA-2016-02017 391 E09DB 5800 PA-2016-02017 391 E09DB 4900 SECOND AVENUE HOLDINGS LLC THOMPSON BRENT TRUSTEE ET AL WHITE GLENN/TREADWAY MONA PO BOX 613 P 0 BOX 201 160 MEADE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 Allison PA-2016-02017 565 RANDY ELLISON NOD 12/16/16 305 LIBERTY NO ASHLAND, OR 97520 25 i Planning Department, 51 Winuuin Way, Ashland, Oregon 97520 CITY F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASH LAf I-) d I NOTICE OF APPLICATION' PLANNING ACTION: PA-2016-02017 SUBJECT PROPERTY: 565 Allison Street APPLICANT: Randy Ellison DESCRIPTION: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09 DB TAX LOT: 2300. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 29, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 13, 2016 N _ ~K 1, 4" } i~J The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. GAcomm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2016\PA-2016-02017.docx TREE REMOVAL PERMIT 18.5.7.040.B i I 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning, See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050, Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints €i in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. t i G:\comm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2016\PA-2016-02017.docx I AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 11/29/161 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2016-02017, 565 Allison Signature of Employee Documen121112912016 E PA-2016-02017 391 E09DB 6100 PA-2016-02017 391 E09AC 15700 PA-2016-02017 391 E09DB 6200 ANDERSON IVAR R JR TRUSTEE ET AL AUBLE CARMON M TRUSTEE BEERS MATTHEW Q TRUSTEE ET AL 1737 VERSAILLES AVE 542 SISKIYOU BLVD 550 ALLISON ST ALAMEDA, CA 94501 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 3700 PA-2016-02017 391 E09DB 5700 PA-2016-02017 391 E09DB 5200 BLAZEJ LUCIAN R TRUSTEE ET AL BUKEY JOHN L/STEPHENS-BUKEY CAVANAUGH RAGAN PATRICIA 50 LAIDLEY STREET MELINDA PO BOX 247 SAN FRANCISCO, CA 94131 136 SHERMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 6000 PA-2016-02017 391 E09DB 5900 PA-2016-02017 391 E09AC 15800 COX JAMES E TRUSTEE ET AL DEMARINIS SUSAN K TRUSTEE ET AL HARDWICK CLAUDIA 508-350 STONE RD 145 NORMAL AVE 2552 EDGEWATER DR SUSANVILLE, CA 96130 ASHLAND, OR 97520 EUGENE, OR 97401 PA-2016-02017 391 E09DB 5300 PA-2016-02017 391 E09AC 15400 PA-2016-02017 391 E09DB 4300 HARDWICK JOHN ET AL HILEMAN CORREN C TRUSTEE`ET AL HILLIGOSS L 0/L KUZMIC 2552 EDGEWATER DR 570 SISKIYOU BLVD 534 ANN ST EUGENE, OR 97401 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09CA 13800 PA-2016-02017 391 E09DB 5000 PA-2016-02017 391 E09CA 13700 HOWE GREGG TRUSTEE ET AL LAURSEN ERIC TRUSTEE ET AL LEE MARY BETH PO BOX 336 46 UNION ST 542 ALLISON ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 391 E09DB 5100 PA-2016-02017 391 E09DB 5500 PA-2016-02017 391 E09AC 15600 MACKRIS KATHLEEN MARY TRUSTEE MC KEE DAVID C/CYNTHIA S OX MONKEY LLC 549 ALLISON ST 145 SHERMAN ST PO BOX 724 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA-2016-02017 391 E09DB 5400 PA-2016-02017 391 E09DB 4200 PA-2016-02017 391 E09DB 5600 PANNETON ROGER F/SANDRA N RAYNOLDS DAVID A F TRUSTEE ET AL SALLEE MICHAEL S/JENNIFER R 125-121 SHERMAN ST 1136 ANDERSON CREEK RD 433 CLINTON ST ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 PA-2016-02017 391 E09AC 15500 PA-2016-02017 391 E09DB 5800 PA-2016-02017 391 E09DB 4900 SECOND AVENUE HOLDINGS LLC THOMPSON BRENT TRUSTEE ET AL WHITE GLENN/TREADWAY MONA PO BOX 613 P 0 BOX 201 160 MEADE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-02017 RANDY ELLISON 565 Allison 305 LIBERTY 11/29/16 NOC ASHLAND, OR 97520 25 i 41 i 3 s E MUD 1 T t k •e L.au I 7,B 0 01 I a 430 { 5200, 42" oil I 3700 100 IWO p~ 142ft Iffy x"10 1 t. 7 11 1 I November 29, 2016 j To Whom it May Concern: I am a representative of the owner, Ragan Cavanaugh, of the building at 565 Allison here in Ashland. The owner and I through various local arborists have been attempting for the last 3-4 years to keep this split trunk birch alive through heavy watering in summer months to pruning the dead out several years. It has become apparent that the tree will not survive and we are just keeping it on life support, which is costly and not sustainable. It is also a hazard to the public as it sits near the sidewalk and during a wind or snow storm braches could easily fall on the sidewalk or parked cars. I had the tree(s) inspected by arborist Casey Roland, letter attached, and his recommendation is that the tree(s) should be removed. We request your approval to remove this dying tree, with the plan to replant a deciduous tree (as it sits on the SW corner of the property) to replace it. Thank you for your consideration. Please contact me with any questions. Sin y, Randy Ellison Randy Ellison Builders CCB#138299 541-292-9570 i l Cory Darrow From: Cory Darrow Sent: Sunday, November 20, 2016 10:34 AM To: IhrelIison@ashlandnet.net' Subject: Tree Removal Permit Hello Mr. Ellison, In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete and cannot be processed as submitted due to the absence of a narrative addressing the approval criteria. This application was scheduled to go in front of the tree Commission on December 8`". If you would like for this application to remain on the agenda, please submit a narrative no later than November 30, 2016. Below I have pasted the applicable approval criteria. One way to format the narrative would be to create a bullet-point list of the applicable criteria, either a hazard or non-hazard tree, with comments following each bullet. If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as possible. Tree Removal Permit Approval Criteria 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authoritv finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10, b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered 18.5.7 -Tree Removal Permits City of Ashland 5- 60 Land Use Ordinance and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. i Cory Darrow From: Cory Darrow Sent: Sunday, November 20, 2016 10:34 AM c To: 'hrellison@ashlandnet.net' Subject: Tree Removal Permit i' k rs Hello Mr. Ellison, In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete and cannot be processed as submitted due to the absence of a narrative addressing the approval criteria. This application was scheduled to go in front of the tree Commission on December 8t". If you would like for this application to remain on the agenda, please submit a narrative no later than November 30, 2016. Below I have pasted the applicable approval criteria. One way to format the narrative would be to create a bullet-point list of the applicable criteria, either a hazard or non-hazard tree, with comments following each bullet. If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as possible. Tree Removal Permit Approval Criteria 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered 18.5.7 -Tree Removal Permits City of Ashland 5- 60 Land Use Ordinance and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. 1 i Froli: Cory Darrow cory.darrowC~ashland.or.us lbjeGt: Tree Removal Permit D:ato: November 20, 2016 at 10:33 AM To: hrellison@ashlandnei.net Hello Mr. Ellison, In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete and cannot be processed as submitted due to the absence of a narrative addressing the approval criteria. This application was scheduled to go in front of the tree Commission on December 8th. If you would like for this application to remain on the agenda, please submit a narrative no later than November 30, 2016. Below I have pasted the applicable approval criteria. One way to format the narrative would be I' to create a bullet-point list of the applicable criteria, either a hazard or non-hazard tree, with comments following each bullet. If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as possible. Tree Removal Permit Approval Criteria 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered 18.5.7 - Tree Removal Permits City of Ashland 5-60 Land Use Ordinance and no reasonable It.- .44, ,..,.tea -11.....+1.... t' ..~,,.J r f" i i ZONING PERMIT APPLICATION Planning Division L_ - 51 Winbum Way, Ashland OR 97520 c~ix OF FILE# -.SMA N D 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT /~e~ 6ep DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO 4 " r\C~dwC 0 9 Street Address SOO Assessor's Map No. 39 1 E G Tax Lot(s) u 00 i Zoning Comp Plan Designation = 117 APPLICANT Name r PhoneA I-w✓ E-Mail 1\ Q? i~t+v ' ~JQ Address w City zip PROPERTY OWNER 4~ 0 . Name O W ~ Phone dl qq° E-Mail (.W e Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE-ARCHITECT, HER Title a Name Phone E Mail`s 1 Address . _ City Zip Title Name Phone E-Mail Address City Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect the owner assumes full responsibility, 1 further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request,• 3) that the findings of fact furnished by me are adequate; and further 4 t all structures or improvements are properly located on the ground. Fadu in this j sult mosi ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be re ed f . If I av ny dotkts, l am advised to seek competent professio of advice and ass' Lance. Applicant's Sig t re Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property of r I~a net Ito Property 0 er's Signature (required) Date [To be completed by city Staff] Date Received Zoning Permit Type Filing Fee $ - OVER GAcomm-dev\planning\Forms & Handouts\Zoning Permit Application.doc ZONING PERMIT APPLICATION 1 Planning Division - 51 Winburn Way, Ashland OR 97520 C I T OF FILE # -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Ae~xnp b/a DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO 9 to,5- Q ti\fuvmC , Street Address Assessor's Map No. 39 1 E I U6 Tax Lot(s) Zoning Comp Plan Designation,/` r APPLICANT Name f. r -Phone E-Mail Address t City Zip PROPERTY OWNER' Name a!L Phone'01 1 Mail C I~ M ~ ' Address 0- CityaJ e Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE-ARCHITECT, HER ' L Title ~ b Name Phone~~ Mail , ~ Address City Zip Title Name Phone E-Mail Address City Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4 t all structures or improvements are properly located on the ground. Failu in this egard wit esult most i ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be re ' ed t my expen e. If 1 av ny dot~ifs, l am advised to seek competent professio al advice and assi Vance. Applicant's Sig t e Date As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property o r. P Property 0 er's Signature (required) Date [To be completed by City Staff Date Received Zoning Permit Type Filing Fee $ OVER 0 G;komm-dev\pianning\Poans & Handouts\Zoning Permit Application.doc s I r Y 7 #t, i 5EY oLAN REE RE Phone: 5+1-+88-0782 ® ccb 1 6190 la~~l,~~l Oct. 23, 2016 To whom it may concern, Randy Ellison contacted me to inspect and evaluate two White Birch trees at 565 Allison St. Ashland, Or. and make recommendations for the care of these trees. Both trees have dead tops, and thin foliage throughout the canopy. Both trees have been repeatedly attacked by Bronze Birch beetles, which is visible from the ground. It is my opinion that both trees will continue to decline until death from these beetle infestations. There would be no practical measures that can be taken to insure their survival. I recommend the removal, and replacement, of these trees with a species that would be appropriate for this space. Please feel free to contact me with any questions or concerns regarding this matter. Sinc rely, Casey P. Roland. Tkank You for dour 15u.5ine5s! - . . < i fi i f a , r 'i to _ , r P~ . r . 1 ' N1A - j .ice _ _ - _ , . ~t~~•~~ _ _ - .r ' l t + _F~'. ' ~ 11 r~1 ! -t~...11\ 1 S ~ l irk t'• , •r7d ~c1 s 7 + ~r~ y. F' - 'KE )l 51K~l a. T ' L_ 2 t ~ tic F ~ (S ` ~y rr y I / J.J h l,r ~1 It `141 r } ~:r i f a':- 14f ~!!t r Job Address: 565 ALLISON ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: CAVANAUGH GERALD TRUSTEE C Phone: N State Lic No: ~ Customer 09082 RANDY ELLISON BUILDERS I- City Lic No: L Applicant: 305 LIBERTY ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 10/25/2016 T Issued: Expires: 04/23/2017 Phone: ' State Lic No: Maplot: 391 E09DB5200 City Lic No: DESCRIPTION: Tree Removal E E; VALUATION F Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Tree Removal/Verification 28.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F -t-vS'r_1'L AN T. L I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 28.00 Fees Paid: $ 28.00 Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F 4